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Article: Court's decision over patents may stifle university research: experimental use doctrine sits at the heart of debate.(Special report: law)(Madey v. Duke University)
- Article from:
- San Diego Business Journal
- Article date:
- August 25, 2003
- Author:
CopyrightCOPYRIGHT 2003 CBJ, L.P. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Supreme Court recently made it more difficult for university researchers to use patented technology. They did so by refusing to hear the issue in the case of Madey vs. Duke University, 307 F.3d 1351 (Fed. Cir. 2002), on June 27, 2003.
This case is noteworthy, since the holding has been interpreted as eliminating the doctrine of experimental use. Additionally, the Supreme Court's decision has sent shock waves through the academic community causing a renewed interest in this nearly 200-year-old doctrine. Since much of our local technology industry originates in academic institutes such as The Scripps Research Institute and the University of California, San ...